Section 56091 - Consumer Funds and Property(a) When the family home provider has been appointed as the consumer's representative payee for the consumer's Supplemental Security Income (SSI) and State Supplemental Program (SSP) payment or the consumer has entrusted funds and/or property to the care of the family home provider, the following shall apply: (1) A consumer's funds and property shall be used only for the consumer's benefit;(2) A consumer's funds and property shall be free of any liability incurred by the FHA or the family home provider;(3) Consumer funds and/or property shall be maintained separate and intact and shall not be commingled with family home or FHA funds and/or property, or the funds and/or property of other consumers; and(4) Except for that portion of the consumer's SSI/SSP benefit which is designated for the consumer's room, board, care and supervision, the FHA or the family home provider shall not make expenditures from consumers' funds for any services or supports required by this Subchapter. Consumers' SSI/SSP benefits are also deemed to include any income used to determine the SSI/SSP payment.(b) The family home provider shall maintain accurate records of accounts of funds and/or property entrusted to the family home provider's care which include, but not be limited to: (1) Personal possessions and/or funds received by or entrusted to the family home provider;(2) Disbursements made to, or for, the consumer; and(3) All transactions on behalf of a consumer as specified in subsections (c) (d) and (e).(c) All consumer funds which are entrusted to the family home provider and which are not kept on the premises of the family home shall be deposited in the consumer's name in an interest-bearing account in a local bank, savings and loan or credit union authorized to do business in California, the deposits of which are insured by a branch of the Federal Government.(d) The family home provider shall provide access to the consumer's cash resources when requested by the consumer or the consumer's authorized representative, if applicable.(e) All interest accruing to funds deposited by the family home provider in an account pursuant to subsection (c) shall be the property of the consumer.Cal. Code Regs. Tit. 17, § 56091
1. New article 9 and section filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.
2. New article 9 and section refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-24-95 order, including amendment of subsection (b), transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8). Note: Authority cited: Section 4689.1, Welfare and Institutions Code; Chapter 1095, Statutes of 1994, Section 14. Reference: Section 4689.1, Welfare and Institutions Code.
1. New article 9 and section filed 7-24-95 as an emergency; operative 7-24-95 (Register 95, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-95 or emergency language will be repealed by operation of law on the following day.
2. New article 9 and section refiled 11-14-95 as an emergency; operative 11-14-95 (Register 95, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-96 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-24-95 order, including amendment of subsection (b), transmitted to OAL 1-8-96 and filed 2-22-96 (Register 96, No. 8).